should i have a lawyer present when moving out of apartment

If your landlord tries to evict you by taking matters into his own hands—for example, by locking you out, canceling your utilities, or even removing your doors, windows, or possessions—consider hiring a lawyer. These types of "self-help" remedies are illegal.

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Do I need a lawyer to stay in my rental property?

What to do before you move out of an apartment?

Should you take pictures when you move out of an apartment?

 · Most states have laws allowing tenants to move out before the lease or rental agreement ends without penalty in certain scenarios. Most states have laws allowing tenants to move out before the lease or rental agreement ends without penalty in certain scenarios. Each state is different, but you might be able to break your lease if:

Can a tenant move out before the lease is up?

In some states, Tenants have the right to be present when the landlord conducts his final inspection. If you are permitted it is a good idea to be there, …

How do you give notice when moving out of an apartment?

What to Include in the Written NoticeToday's Date.Landlord's Name.Property Address and Unit Number.State Your Desire to Move Out of the Apartment.Include Desired Move-Out Date.That You Expect the Return of Your Security Deposit Under State Law.A Forwarding Address Where Your Security Deposit Can Be Sent.Your Signature.

What should I do when leaving apartment?

The Essential To-Do List Before Moving Out of an ApartmentGive Proper Notice. ... Know Your Payments. ... Contact Your Renters Insurance Carrier. ... Call Your Utility Providers. ... Fix Everything. ... Start Cleaning. ... Take Pictures. ... Ask About the Community's Moving Policy.More items...•

Are tenants required to clean before moving out Ontario?

Tenant's responsibility for cleanliness The tenant is responsible for ordinary cleanliness of the rental unit, except to the extent that the tenancy agreement requires the landlord to clean it.

What happens if you leave all your stuff in an apartment?

Per the lease, the tenant is required to restore the property back to its original condition at the conclusion of the lease—that means moving out their personal property.

What do you need when moving out?

It's important they are activated on time for your move, otherwise you'll be left in the cold and dark with no Wi-Fi!Water. Water is always connected and stays in the landlord's name. ... Electricity & Gas. ... Internet & TV. ... Paperwork. ... Cleaning Supplies. ... Kitchen Essentials. ... Bathroom Essentials. ... Bedroom Essentials.More items...

How do you properly move out?

10 Tips For Moving Out On Your OwnSet A Date And Stick To It. ... Nail Down Your Finances. ... Lock Down a Steady Income. ... Practice Budgeting While You Still Live At Home. ... Find A Roommate To Help Pay Rent. ... Find A Place To Live. ... Plan Your Move And Hire A Professional Moving Company. ... Gather The Basics To Furnish Your New Space.More items...

How much can a landlord charge for cleaning Ontario?

"The landlord agrees to professionally paint and clean the premises prior to occupancy. The tenant shall leave the place in the same condition of neatness and cleanliness at expiry of lease as time of occupancy save for normal wear and tear. Otherwise a cleaning charge of $150 shall be payable by the tenant".

Do you pay rent the month you move out?

Answer: When a lease for a fixed term comes to an end, your obligation is to pay only the days that you continue to have the right to occupy the unit. Usually the landlord will prorate the rent for the days by calculating a daily rate.

Can landlord make you pay for cleaning?

A landlord can typically charge a tenant for cleaning needed to return the property to the condition at the time the tenant moved in. But, a landlord can not charge the tenant extra – or use the security deposit – to pay for normal wear and tear.

Can I leave stuff behind when I move?

If you leave things behind when you move, your landlord can sell them, keep them, or throw them away. This includes furniture, cars, appliances, clothing, food, or anything else you leave behind. It even includes a mobile home or land lease home.

Is it OK to leave stuff when you move?

Moving is a great time to purge items you no longer need, increasing the odds that your new home won't fall victim to the same old clutter. What's more, leaving certain items behind may actually help out the new residents of your old home.

What to do if a tenant has left possessions behind?

Landlords must take care of any uncollected goods. This means that the items left behind are the landlords responsibility and if the landlord doesn't want to keep them, they have to be disposed of accordingly. Goods must be stored in a safe place until reasonable steps have been taken to trace the tenant.

Your Landlord Is Evicting You

If your landlord serves you with a termination notice that you intend to fight, hiring a lawyer can increase your chance of success. Choose a lawye...

Your Landlord Is Evicting You Without Proper Court Procedures

Landlords must follow eviction procedures set forth by state and local law. If your landlord tries to evict you by taking matters into his own hand...

Your Landlord Discriminates Against You

If you believe your landlord is discriminating against you, you may need a lawyer to stop the illegal actions and help you recover damages for any...

Your Landlord Won't Make Necessary Repairs

If your landlord isn't fulfilling important obligations under your lease and the law, it can lead to major problems. For example, think of the land...

Your Landlord Isn't Fulfilling His Promises

Sometimes, landlords make promises to encourage hesitant applicants to rent from them. For example, if an applicant is concerned about the neighbor...

You've been Injured Or Made Ill

Accidents can happen, even at a well-run rental property. However, if an accident is the result of the landlord's carelessness, you may have a lega...

Your Property Has been Damaged

Sometimes, a landlord's failure to maintain the rental property causes damage to your personal property. For example, a landlord's faulty wiring re...

How to Get A Lawyer's Help

If you are in need of a lawyer, choose one with expertise in landlord-tenant matters. For help in getting a lawyer, read the article "How to Find a...

Can you move out before a lease ends?

Most states have laws allowing tenants to move out before the lease or rental agreement ends without penalty in certain scenarios. Each state is different, but you might be able to break your lease if: your landlord violates the lease, rental agreement, or law (for example, by failing to provide habitable premises or violating your privacy) ...

Do landlords have to mitigate damages?

In most states, landlords must try to mitigate their damages. In other words, they must do what they reasonably can to find another acceptable renter to take your place as soon as possible after you move out—rather than just sit back and collect rent from you.

How to break a lease?

Most states have laws allowing tenants to move out before the lease or rental agreement ends without penalty in certain scenarios. Each state is different, but you might be able to break your lease if: 1 your landlord violates the lease, rental agreement, or law (for example, by failing to provide habitable premises or violating your privacy) 2 you are a victim of domestic violence (your state might provide early lease termination rights to victims), or 3 military service requires you to move (under the Servicemembers’ Civil Relief Act (SCRA) some military personnel can break a lease due to deployment or a permanent change of station).

Do you have to pay rent for the whole term?

You are legally bound to pay rent for the whole term, regardless of how much notice you give. Your lease should specify the date it will end, and it might require you to give your landlord advance notice of your plans to not renew the tenancy at the end of the term.

Can you move out of an apartment?

The specific procedures for moving out of your apartment are described in your lease. Follow these instructions or else your landlord may have cause to withhold a portion of your security deposit. However, state law governing tenants and landlords supersedes any provisions in your rental agreement. If the landlord's procedures are not in accordance with state law, you cannot be held to them.

What happens if you leave your apartment after the termination date?

You are required to vacate the apartment completely by the termination date in your rental agreement. This includes the removal of all of your personal property. State law requires tenants leave the premises in good and clean condition, however, reasonable wear and tear is to be expected. If you continue to occupy the property after the termination date, some states allow the landlord to seek damages from you. Depending on your lease agreement, your lease may automatically renew if you do not give your landlord advance notice. In some states, such as California, leases automatically convert to a month-to-month tenancy if your landlord continues to accept rent after the termination date of your original lease.

How long does it take to get a security deposit back?

The amount of time a landlord has to return your security deposit varies from state to state, between 14 and 60 days. In most states landlords can make deductions for unpaid rent, cleaning and repair of damages. Some lease agreements may also stipulate the return of personal property such as keys, furniture or appliances.

How long does it take to return a security deposit?

The amount of time a landlord has to return your security deposit varies from state to state, between 14 and 60 days. In most states landlords can make deductions for unpaid rent, cleaning and repair of damages. Some lease agreements may also stipulate the return of personal property such as keys, furniture or appliances. To ensure the return of your security deposit, leave the apartment in the same condition as when you moved in. Your landlord must itemize any deductions to your security deposit, if any.

How long do you have to give notice to an apartment?

Apartment communities can require notice of 30 days, 60 days, or even 90 days, so make sure you check this well in advance. If you don’t give proper notice, you could lose your security deposit or be held responsible for several months’ rent. The delivery method should also be specified in your lease. Usually, a written notice is required (use this ...

How to get your apartment to sparkle?

Start Cleaning. You want your apartment to sparkle, so get out the mop and broom and get busy. Try to get your apartment as close to its original move-in condition as you can. Some normal wear and tear is to be expected, but make it your goal to erase the year (or years) you spent in the apartment.

What does a security deposit cover?

The security deposit covers any damages to the apartment. The last month’s rent, which you paid when you signed the lease, means you won’t owe a final payment at the end of your lease term. Even though the amounts may be the same, your security deposit can’t be used to cover your last month’s rent.

Is it necessary to move up from a current apartment?

That is, until a landlord calls about scheduling a move-out inspection and move-out walk-through, or a tenant decides it’s not necessary.

Do you have to give notice to vacate before moving out?

Before a move-out inspection or move-out walk-through occurs, tenants need to give notice to vacate. Whether a job relocation is involved or the tenant wants to move on, they should provide written notice and submit a letter to the landlord.

Who is Justin from Apartment List?

Justin is a Content Manager and contributing author at Apartment List, helping people navigate the world of renting. Justin previously spent his time earning his BBA in Marketing from Boise State University. Read More

What is a move out inspection?

What is a Move-Out Inspection? When a tenant gives a notice to vacate, or the lease has expired, the landlord usually schedules a move-out inspection or move-out walk-through to assess the condition of the apartment.

Why is a move out inspection important?

Why is a Move-Out Inspection Important? Move-out inspections are crucial for landlords and property managers who want to recover the cost of the damage as quickly as possible. A streamlined and efficient move-out walk-through where everyone agrees also avoids disputes and conflict with tenants.

What is normal wear and tear?

Leases usually dictate "normal wear and tear" as minor damage that would happen no matter who lived in the apartment. A loose doorknob or aging refrigerator that is breaking down usually constitutes normal wear and tear. In these situations, the landlord is responsible for the costs involved in repairing them.

Can a landlord evict you if you move out?

This is because your lease likely has a term of stay, which would be violated by your old roommate moving out. However, most landlords just want to get paid and not be hassled with having to find new occupants, so it is unlikely that a landlord will evict you unless your landlord already wants you out for some reason.

What to do if your roommate is leaving mid lease?

If your roommate gives you any kind of notice that he or she is leaving in mid-lease, then you may want to get him or her to sign an agreement stating that the departing roommate will: Pay the remaining rent and utilities. The amount of the rent will be depends on the terms of your lease. Find a substitute roommate.

How to get a roommate to leave?

If your roommate gives you any kind of notice that he or she is leaving in mid-lease, then you may want to get him or her to sign an agreement stating that the departing roommate will: 1 Pay the remaining rent and utilities. The amount of the rent will be depends on the terms of your lease. 2 Find a substitute roommate. Although it should be your ex-roommate's responsibility to find a roommate, be realistic and do your best to be helpful in finding a new roommate to cover costs. 3 Pay for any damage he or she caused. 4 Give up any claim to be a tenant: you don't want an old roommate returning thinking he or she has a right to still live there.

Can you sneak in a new tenant without talking to the landlord?

If you want to stay in the lease, you may be tempted just to sneak in a new tenant without talking to the landlord. Don't do this, because that violates your rental agreement and is grounds for eviction if the landlord finds out. Chances are the landlord will be amenable to your proposed new roommate anyway, so make sure you do it ...

Can a landlord evict you?

However, most landlords just want to get paid and not be hassled with having to find new occupants, so it is unlikely that a landlord will evict you unless your landlord already wants you out for some reason.

6 Tenant Responsibilities When Moving out of a Rental Property

You are moving out of your rental property, the place you have called home for the last twelve months, maybe even longer. The process of moving is overwhelming, finding a new place to live, packing up all your stuff, and worrying about getting your deposit back.

Things you should know when moving out

Trust me when I say your idea of clean is different than my idea of clean. That is only natural! We have heard time and time again, “I spent hours cleaning that house from top to bottom. How did you find anything left to be cleaned?”

3. Landscaping

Often the outside of the home is forgotten about during the fray of moving. Check your flower beds and lawns. Make sure everything is cleaned out of debris and weeds. Mow your lawn before turning in the keys. Rake any leaves that might be laying around. Check your sprinklers to make sure all are in working order.

4. Personal Items

Remove all your personal items from the home before turning in your keys. Anything left behind will be charged against your deposit to remove.

5. Trash Cans

This is the most over looked item we see. Most people don’t think about what happens with the trash they put in the cans at the last minute. No one wants to move into a home and have full trash cans. So, they must be emptied. Your best option is to make arrangements with your neighbor to put your trash cans out one last time.

What is a move out checklist?

A tenant move-out checklist is a form that landlords should attach as a rider (also called an addendum) to the original lease agreement. This checklist provides instructions for the tenant on the procedures and the tasks they need to complete when they vacate your property. Every landlord's move-out checklist can be different.

Why do landlords need checklists?

A checklist can help ease the stress of tenant move-out. It makes both sides aware of the expectations. Landlords can customize this checklist to meet the specific needs of their property.

What is security deposit dispute?

Security deposit disputes are a big issue between landlords and tenants. If the tenant understands the proper procedures for move-out, including the condition they are supposed to leave the rental property in, it will help minimize these issues.

What happens after a tenant is inspected?

After the inspection, the landlord must give the tenant a written list of apparent tenant-caused defects that need to be repaired. The only time a landlord is not required to do a preliminary “pre-departure inspection” is when a tenant does not request it or withdraws the original request for the inspection.

How long does a landlord have to give notice of a tenant's inspection?

A landlord must give the tenant at least 48 hours’ written notice of the inspection for a time that is mutually convenient for all parties.